Info on First Attendance Appointment for traffic ticket

[Abdu]

Hello,

I got a ticket for failing to stop at red light (making left turn) last winter, I applied for "First Attendance" and got a date for next week. Please help me prepare as this is my first experience going to a court.

Do I request for a trail or agree to reduce fine with no demit points?

Thanks

Abdu

[Pete_Coach]

Bring money as you will be fined. Reduced fine, maybe but fined nonetheless. You can go to trial if you want but then forget about the reduced fine, just be prepared to pay max then.
If you think you are getting off with nothing, you have wasted your time.

[Abdu]

Oops... I believe I am on a wrong track. How should I do now?

Go and try my luck or cancel the appointment?

Abdu

[Pete_Coach]

Don't get me wrong, you should try. Plead guilty with explanation (make it a real explanation though). You may save a few bucks and you may even save some points but don't think you will get off completely.
Also, be prepared to possibly sit around all day waiting for your turn to come up.

[j8chan]

failing to stop at a red light, and rolling stop will get you 3 pts. no matter what if you are found guilty.

there will be no reducing pts, you are either found guilty of the fine or not. It is different from speeding, where you can plead guilty to a lesser speed. I was going 37 over ($277 fine) and got it reduced to 19 over, with s 60 dollar fine, still 3 pts.

you can just hope that the cop doesn't show for the trial. if he does, then you are screwed and can go to trial, it will be his word against yours, and he will present his notes and stuff, you say but i did stop. the judge will almost always side with the cop. you will prob lose and then you can ask the judge for a lesser fine, like i'm a poor student, i eat kraft dinner all the time..... the judge may reduce the fine from 150 to 50. but you will still get hit with the pts.

keep doing research, the above is what I know, take everything you get from the internet/forums with a grain of salt.

what you should do is go the a court room a few times 2 months b4 your trial and just sit in and watch. you will see some ppl with the same ticket, and how they proceed with it.

j

[gilboman]

first attendance is waste of time if you want your ticket to be knocked off....just go straight to trial and see if the cop shows up. if the cop shows up, you can still get a deal with prosecutor similar to what you could've gotten at first attendance.

but half the time the cop doesnt show at trial, so good luck. but you should've just gone straight to trial instead of asking for first attendance if you didnt want to waste time.

[Abdu]

Thanks for your help. Is it possible to cancel the "First Attendance" now and go for trail directly?

Appreciate your feedback.

[bobbings]

you could always go to the first attendance meeting and see what kind of a deal they're willing to give you. if you don't like it, then you can request for a trial. that way, you could have more time to prepare since you have already scheduled for a meeting. good luck

[pintobean]

First Attendance is not a waste of time.
I repeat: First Attendance is not a waste of time.

You should attend your First Attendance appointment, hear the prosecutor's offer and then say that you're going to have to think about it and will consult with your agent, wife, parents etc. When you go to trial, you will have the exact same offer made to you when you check in on the day your case is to be heard, so don't worry about not being given a reduced sentence offer at trial if the cop is there.

So why am I saying that First Attendance is not a waste of time?
Because if your trial ends up getting scheduled approximately a year from the date of your offense and you then attempt to make a Charter case complaining about unfair delay, it will look better to the JP that you attended First Attendance to try and resolve the matter as soon as possible. I have read cases where the JP said that it was hard for him to accept the defendant's argument that the delay of going to trial was a hardship, when the defendant clearly had the opportunity to go to First Attendance and chose not to attend. You do not have to even agree with what the prosecutor offers at First Attendance, you simply need to go and listen...it will make you look better in the end.

Consider this, it has taken them about 6 months to give you a First Attendance hearing...it will probably take them another few months to schedule a trial which will most likely be some time in the coming winter. You will probably then be in a position to complain about unfair delay and you will be able to say that you've been worried and depressed about this ticket from the day you received it. You can say that you were so depressed that you even applied for First Attendance to try and resolve the matter quickly, but you were unhappy with the prosecutor's offer and that's why you chose to come to trial. If you don't attend First Attendance but then say that the delay in getting to trial made you feel depressed, the JP will ask you why you never took advantage of the First Attendance option since it could have resolved your case sooner. He will then likely discount the amount of time from the day of the offense to the day a First Attendance hearing was available and that may void your Charter delay argument.

Good luck.

[j8chan]

The above sounds like good advice. But I was just wondering what can they offer for running a red light? maybe a reduced fine? The pts will still be there right?

J

[Atomic Chip]

Do I request for a trail or agree to reduce fine with no demit points?

Oops... I believe I am on a wrong track. How should I do now?

Request a different "trail"? :lol: :lol: :lol:

[gilboman]

First Attendance is not a waste of time.
I repeat: First Attendance is not a waste of time.

You should attend your First Attendance appointment, hear the prosecutor's offer and then say that you're going to have to think about it and will consult with your agent, wife, parents etc. When you go to trial, you will have the exact same offer made to you when you check in on the day your case is to be heard, so don't worry about not being given a reduced sentence offer at trial if the cop is there.

So why am I saying that First Attendance is not a waste of time?
Because if your trial ends up getting scheduled approximately a year from the date of your offense and you then attempt to make a Charter case complaining about unfair delay, it will look better to the JP that you attended First Attendance to try and resolve the matter as soon as possible. I have read cases where the JP said that it was hard for him to accept the defendant's argument that the delay of going to trial was a hardship, when the defendant clearly had the opportunity to go to First Attendance and chose not to attend. You do not have to even agree with what the prosecutor offers at First Attendance, you simply need to go and listen...it will make you look better in the end.

Consider this, it has taken them about 6 months to give you a First Attendance hearing...it will probably take them another few months to schedule a trial which will most likely be some time in the coming winter. You will probably then be in a position to complain about unfair delay and you will be able to say that you've been worried and depressed about this ticket from the day you received it. You can say that you were so depressed that you even applied for First Attendance to try and resolve the matter quickly, but you were unhappy with the prosecutor's offer and that's why you chose to come to trial. If you don't attend First Attendance but then say that the delay in getting to trial made you feel depressed, the JP will ask you why you never took advantage of the First Attendance option since it could have resolved your case sooner. He will then likely discount the amount of time from the day of the offense to the day a First Attendance hearing was available and that may void your Charter delay argument.

Good luck.


like i said and you have not countered, first attendance is a waste of time if you want your ticket thrown out. if you are happy with reduced fine etc..then by all means.

any deal they are wiling to cut you at first attendance will be offered at trial assuming the cop shows up. they will not withdraw your charge at first attendance. they will at trial almost all the time if cop doesnt show.

[Nikita]

So why am I saying that First Attendance is not a waste of time?
Because if your trial ends up getting scheduled approximately a year from the date of your offense and you then attempt to make a Charter case complaining about unfair delay, it will look better to the JP that you attended First Attendance to try and resolve the matter as soon as possible. I have read cases where the JP said that it was hard for him to accept the defendant's argument that the delay of going to trial was a hardship, when the defendant clearly had the opportunity to go to First Attendance and chose not to attend. You do not have to even agree with what the prosecutor offers at First Attendance, you simply need to go and listen...it will make you look better in the end.

Consider this, it has taken them about 6 months to give you a First Attendance hearing...it will probably take them another few months to schedule a trial which will most likely be some time in the coming winter. You will probably then be in a position to complain about unfair delay and you will be able to say that you've been worried and depressed about this ticket from the day you received it. You can say that you were so depressed that you even applied for First Attendance to try and resolve the matter quickly, but you were unhappy with the prosecutor's offer and that's why you chose to come to trial. If you don't attend First Attendance but then say that the delay in getting to trial made you feel depressed, the JP will ask you why you never took advantage of the First Attendance option since it could have resolved your case sooner. He will then likely discount the amount of time from the day of the offense to the day a First Attendance hearing was available and that may void your Charter delay argument.

Good luck.


A motion to stay or dismiss a case for delay only relates to delays on the part of the courts or prosecutor, otherwise known as systemic delay. In such a motion, the court looks at the record to see what the cause of each adjourned court date was and who requested the adjournment. You can't cause delay yourself and then expect a court to dismiss your case for delay. Kinda like...you can't have your cake and eat it too.

[Nikita]

failing to stop at a red light, and rolling stop will get you 3 pts. no matter what if you are found guilty.

there will be no reducing pts, you are either found guilty of the fine or not. It is different from speeding, where you can plead guilty to a lesser speed. I was going 37 over ($277 fine) and got it reduced to 19 over, with s 60 dollar fine, still 3 pts.

you can just hope that the cop doesn't show for the trial. if he does, then you are screwed and can go to trial, it will be his word against yours, and he will present his notes and stuff, you say but i did stop. the judge will almost always side with the cop. you will prob lose and then you can ask the judge for a lesser fine, like i'm a poor student, i eat kraft dinner all the time..... the judge may reduce the fine from 150 to 50. but you will still get hit with the pts.

keep doing research, the above is what I know, take everything you get from the internet/forums with a grain of salt.

what you should do is go the a court room a few times 2 months b4 your trial and just sit in and watch. you will see some ppl with the same ticket, and how they proceed with it.

j


Actually if its points the OP is looking to avoid, he can indeed make a deal with the Crown for a different charge altogether. It's done all the time. They may offer to amend the charge to one of those vague offences such as failing to obey the rules of the road, failing to obey road signs or some such nonsense. It's always worth a try, prosecutors are always willing to cut their case load if at all legally and ethically possible. Offer to pay the fine for the amended charge immediately, that often helps. Of course the crown will ensure that the order the JP makes includes a condition that it be paid that day, so don't even try to make that kind of deal without doing just that.

[j8chan]

The above is good advice too. I didn't think about that. I was in court one time and this guy was charged with dangerous driving, but got it changed to following to closely, a much better charge.

I'm not sure what the OP can change his charge to. Running a red by making a left turn. I wonder if its possible to say that the OP didn't think he could stop safely in the winter on icy roads, I dont' know, just a thought.

J

[bobbings]

can he actually get it reduced to a charge of failing to stop at a red light?

i can see that you can plead guilty to a lesser charge for speeding. they'll just reduce the speed but for a failure to stop at a red light, it's either you stopped or you didn't. what can the court say to reduce the fine?

[Abdu]

I went to my first attendance appointment today and it was a good experience. Got the fine reduced to a simple "incorrect lane change" charge with a fine on $80 but no demerit points to it. :lol:

The process was quite simple but took like an hour or so. The judge asks if you are ready to pay it now or need more time. I asked for time and she gave me 60 days to pay it.

Going to a Traffic ticket lawyer would have cost me more than $200 and you end up paying the same $80 anyway.

Thanks for your advise and appreciate your help.

[gilboman]

I went to my first attendance appointment today and it was a good experience. Got the fine reduced to a simple "incorrect lane change" charge with a fine on $80 but no demerit points to it. :lol:

The process was quite simple but took like an hour or so. The judge asks if you are ready to pay it now or need more time. I asked for time and she gave me 60 days to pay it.

Going to a Traffic ticket lawyer would have cost me more than $200 and you end up paying the same $80 anyway.

Thanks for your advise and appreciate your help.

you do know it makes no difference to insurance what your ticket is or how many demerit pts if any are knocked off right?

only thing that matters is the conviction which you still have. you could've gotten same deal at trial but also with 50% chance of getting off when the cop doesnt show up